1. This petition, under Article 226 of the Constitution of India, has been filed, with the following prayers:
“(A) Your Lordships may be pleased to admit this petition.
(B) Your Lordships may be pleased to issue mandamus appropriate order directing to the respondent to consider the case of the petitioner for promotion as Forest Guard in the pay scale to which he was entitled from time to time after being granted deemed date promotion in accordance with law and further be directed to grant consequential monetary as may be entitled to it.
(C) Your Lordships may be pleased to pass any appropriate order, or direction as may deem fit in the interest of justice.”
2. The brief facts of the present case are that the petitioner is at present working as Driver in Class-
III category, pursuant to order dated 27.07.2010 by respondent No.2 and was placed in the pay scale of Rs.5200-20,200/-. The petitioner is promoted to the post of Driver in the pay scale of Rs.5200-20200 by order dated 27.07.2010. Further, the petitioner was performing duty as Grass Chowkidar since 11.08.1982 to 11.07.2005 in Forest Division, Bhavnagar. Thereafter, he was transferred to Surendranagar Division as Grass Chowkidar and performing duty since 12.07.2005. After resumption in this division from 10.02.2009, the petitioner applied for promotion in Class-III. In the said application, he requested to promote him in Class-III such as Jeep Driver, Clerk, Forest Guard. Thereafter, the petitioner by his application dated 07.03.2009 made to Surendranagar Division has requested to promote him in Class-III as a Jeep Driver. The case of the petitioner is that he was entitled to be promoted as Driver in the year 1984 and therefore, he prayed for deemed date of promotion.
3. Learned advocate for the petitioner submits that the petitioner is entitled for the post of Forest Guard by promotion from Rajkot. Notification dated 16.08.1990 issued by the General Administration Department of the Government of Gujarat, wherein Paragraph-3(kh)(1) indicates that eligible employee is entitled for promotion from Class-IV to Class-III. It further provides in Para-6 that such employees should have completed four years of continous service on Class-IV post. The petitioner is entitled to benefit of promotion from V.D. Chowkidar/Grid Chowkidar to Forest Guard. Certain Rules are prescribed in Notification dated 14.08.1969 with regard to direct recruitment of Forest Guard whereas the petitioner was promoted as Forest Guard in the pay scale of Rs.210-
270 vide order dated 23.01.1984 and was continued as such vide order dated 05.04.1984. The petitioner was promoted as Forest Guard in 1984. Other persons possessing less education qualification and working as Gird Chowkidar etc. were promoted as Forest Guard, the petitioner was entitled to Class-III post as per policy of respondent Government, as per dated 17.08.1991 and therefore, the petition requires to be admitted and allowed.
4. Learned AGP for the respondents submits that the petitioner was not appointed as Vidi Chowkidar or Forest Guard in Surendranagar Forest Division as contended by the petitioner, but he is appointed as Vidi Chowkidar by Bhavnagar Forest Division as per the record. The petitioner was reinstated in the same original post of Vidi Chowkidar by letter No.EST/3/2329/5/84/85 dated 02.08.1984 passed by the Forest Division, Bhavnagar and objection is taken after a period of 26 years. Under Notification No.GS/9/2009/CRR/1182/245/G-5 dated 26.02.2009 passed by the General Administration Department amendment is made to promote employees of Class-IV to Class-III in which if Class-IV employee drive is fully qualified then such employee is considered for promotion. Shri D.C. Zala and others whose cases were cited by the petitioner were promoted as per Rules framed by the Government. The petitioner resumed duty as Driver on 30.07.2010. Hence, the petitioner is not entitled for such a relief.
5. I have heard learned counsel for the respective parties.
6. In view of the fact that the petitioner was not appointed as Vidi Chowkidar or Forest Guard in Surendranagar Forest Division, but was appointed as such in Bhavnagar Forest Division vide letter dated 02.08.1984, the petitioner cannot raise a dispute after a period of 26 years. In that view of the matter, the petitioner is not entitled for the promotion as Driver with deemed date of 1984. Therefore, the petition is devoid of any merits. Hence, the same stands dismissed. Notice is discharged.
(K.S. Jhaveri, J.) koshti/